Your Trusted Browns Mills Guardianships Attorney, NJ
Are Guardianship Proceedings Leaving You Feeling Overwhelmed and Uncertain?
Whether you’re looking to establish guardianship or need help managing an existing one, it is essential to consult with an experienced attorney who understands the complexities of guardianship law in Browns Mills, NJ.
At the Law Offices of Posternock Apell, PC, we recognize the importance of developing a plan that brings you peace of mind and helps protect your loved ones from the potential legal consequences of guardianship. We have extensive experience in drafting guardianship documents and navigating the legal process.
Our guardianship lawyers in Browns Mills are committed to providing personalized legal advice. Schedule a consultation today.
Who is a Guardian, and What Role Do They Play?
In New Jersey, a guardian is appointed by the court to manage and oversee the affairs of a minor, an incapacitated adult, or someone with special needs. This responsibility includes making decisions on behalf of the ward regarding their medical care, lifestyle, and financial affairs.
The role of a guardian is to ensure that the ward’s best interests are met in all aspects of their lives. In doing so, the guardian must act in accordance with applicable laws and ethical regulations and may not use their powers in a way that benefits them personally or financially.
Our experienced Browns Mills guardianships attorney can help you understand the role of a guardian and the implications for those you may wish to appoint as guardians.
What are the Benefits of Having a Guardianships Attorney?
When it comes to guardianship arrangements, it is essential to have a lawyer who understands the complexities of guardianship law. Having an attorney involved offers many benefits, including:
- Ensuring that the legal paperwork required for guardianships is completed accurately and under state laws.
- Advising you on your legal rights and responsibilities as a guardian.
- Assisting you in finding the most suitable guardian for your ward.
- Nurturing a collaborative relationship between all parties involved in the guardianship.
At Posternock Apell, PC, we are passionate about providing comprehensive legal advice tailored to your needs. Our guardianships lawyers in Browns Mills, NJ, will walk you through the guardianship process, help you make informed decisions, and protect your rights.
How Many Types of Guardianships Are Available?
There are two types of guardianship arrangements available in the state of New Jersey:
1. General Guardianship
This type of guardianship gives the guardian full authority to make decisions and act on the ward’s behalf. It is typically applicable in the case of someone who is unable to make decisions on their own, such as a minor or an individual with special needs.
2. Limited Guardianship
This type of guardianship is more limited in scope and authority, allowing the guardian to only make decisions and take action on specific matters. It may include decisions related to finances, education, or health care. This is typically applicable in the case of someone who is able to make some decisions but needs help with more complex tasks.
Our experienced guardianships attorney in Browns Mills can help you navigate the differences between these two types of guardianships so that you can choose the arrangement that is best suited to your needs.
Schedule a consultation today.
Who Can Be a Guardian?
The ward’s best interests must always be considered in a guardianship arrangement. Therefore, the court may have specific requirements for who can serve as a guardian.
Generally speaking, anyone over 18 with good moral character and no criminal record can apply to become a guardian. It is also essential for the guardian to be physically and mentally capable of fulfilling their duties.
Any relative or a responsible adult with a close relationship to the ward can be nominated as a guardian. However, the court of New Jersey gives the spouse of the ward priority in the appointment process. If the spouse cannot or chooses not to serve as a guardian, an adult child comes next.
Co-guardians can also be appointed if the court deems it in the ward’s best interests.
Note that guardianship is not permanent. The court reviews all guardianships annually to determine whether the arrangement should be continued.
If you’re seeking legal assistance with establishing or managing a guardianship in New Jersey, contact our experienced guardianships lawyers in Browns Mills today.
What is the Guardianship Process?
The guardianship process in New Jersey is as follows:
- Filing a complaint in court with two certifications from medical providers who have examined the ward.
- Additionally, an affidavit listing assets, debts, sources of income, and other financial information must be provided.
- The court will appoint a Guardian Ad Litem to investigate and review the guardianship application.
- A report is prepared by the Guardian Ad Litem and submitted to the court.
- A hearing is then conducted where the party seeking guardianship may have to answer questions posed by the court.
- The court may also ask for additional information, such as financial records or input from other family members.
- Once the court is satisfied that the guardianship arrangement would be in the ward’s best interests, they will grant a guardianship order.
At the Law Offices of Posternock Apell, PC, our esteemed guardianships attorney can help you understand the legal process of guardianship in Browns Mills, NJ. We provide comprehensive legal advice to ensure the best possible outcome for all parties involved.
How Can Our Guardianship Attorney Help in the Case of a Special Needs Child, a Senior, or an Incapacitated Adult?
When an elderly loved one can’t make decisions on their own, the court may appoint a guardian to make financial and medical decisions on their behalf. This can happen for various reasons, such as if the person is suffering from dementia, Alzheimer’s disease, or other health and cognitive issues. The same goes for an incapacitated person.
Guardianship can also be established if a child has special needs and cannot provide for themselves. The parents are typically appointed as guardians, but the court may appoint someone else if a parent cannot fulfill their role. Moreover, when the child reaches adulthood (18 years old), they are considered adults and can decide whether to accept or terminate the guardianship arrangement. However, since they’ve been receiving state services before turning 18, an evaluation may be required by the Department of Human Services Division of Developmental Disabilities to determine if guardianship should continue or be terminated.
Our experienced guardianship lawyers in Browns Mills, NJ, have helped many families navigate the legal process of guardianship for a special needs child, elderly, or incapacitated adult. We can ensure that all paperwork is filled out accurately, the ward’s rights are protected, and all relevant laws are adhered to.
Schedule a consultation today.
Get in Touch with a Guardianships Attorney in Browns Mills Today!
As your trusted Browns Mills guardianship attorneys, we are here to provide comprehensive counsel and support throughout the entire guardianship process. Our lawyers have decades of guardianship law experience and will stand by you to safeguard your rights. We look forward to helping you.